Summaries of the final majority opinions from the January 2003 term of court not previously covered are now posted on this recent opinions page. For easy review by practitioners and others, the summaries are also posted according to three topical groups: civil, criminal and family. Full summaries of September 2003 opinions are coming soon.

NICHOLS v. PRITT, COMM'R, No. 30906 (Per Curiam)(July 3, 2003). Reversing an order of the Circuit Court of Kanawha County that denied the appellant's requests for relief in prohibition and mandamus. Holding that the lower court erred in refusing to compel the Commissioner to afford the appellant an administrative hearing on the revocation of his driver's license, where both the appellant and the arresting officer had failed to appear at a previously scheduled hearing.

STATE v. PARSONS, No. 30693 (Per Curiam)(Starcher, C.J., Albright, J., dissenting)(June 27, 2003). Affirming a conviction for 21 counts of third degree sexual assault obtained in the Circuit Court of Kanawha County. Rejecting numerous assignments of error, including erroneous application of rape shield statute, improper admission of 404(b) evidence, timeliness of incidents admitted, "shotgunning" the evidence, improper petit jury, judge's encounter with a witness, etc.

STATE v. KEENAN, No. 30851 (Per Curiam)(June 19, 2003). Reversing a conviction for voluntary manslaughter obtained in the Circuit Court of Fayette County. Holding that the State's failure to respond properly to a discovery request involving a forensic examination effectively misled the defense in preparing its entire case, thereby warranting a new trial. Affirming lower court's decision to deny defendant's request to disqualify the prosecutor's office.

SER CANTERBURY v. BLAKE, No. 31150 (Per Curiam)(June 23, 2003). Granting a writ of prohibition to prevent trial on a reindictment for violations of WV Code 61-3-51. Holding that the penal statute at issue is void because it meets all three elements required to establish that the statute has fallen into desuetude.

SER BAILEY v. DIV. of CORRECTIONS, et al., No. 31148 (Per Curiam)(June 19, 2003). Granting a writ of mandamus to compel the Division of Corrections to limit the maximum number of days of good time credit revoked to the number of days actually earned when the penalty is imposed. Holding that prospective revocation of good time credit contravenes the meaning of the statutory provisions at issue.